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Renee Jones v. City of Buffalo School District

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 20, 2012

RENEE JONES,
CLAIMANT-APPELLANT,
v.
CITY OF BUFFALO SCHOOL DISTRICT,
RESPONDENT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 11, 2011 in a personal injury action.

Jones v City of Buffalo School Dist.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 20, 2012

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ.

The order denied the motion of claimant to renew her prior application for leave to serve a late notice of claim.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Claimant appeals from an order denying her motion to renew a prior application for leave to serve a late notice of claim. It is well settled that "[a] motion for leave to renew shall be based upon new facts not offered on the prior [application] that would change the prior determination' . . ., and shall contain reasonable justification for the failure to present such facts on the prior [application]' " (Doe v North Tonawanda Cent. School Dist., 91 AD3d 1283, 1284). Here, "[t]he motion to renew was properly denied [inasmuch as claimant] failed to offer a valid excuse for failing to submit the new material on the original [application]" (Linden v Moskowitz, 294 AD2d 114, 116, lv denied 99 NY2d 505; see Schilling v Malark, 13 AD3d 1153, 1154). Entered: April 20, 2012 Frances E. Cafarell Clerk of the Court

20120420

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